149AApplication by certain persons for declarations

149A Application by certain persons for declarations (1) A specified person may apply to the Tribunal for the determination of a matter if— (a) the matter relates to the interpretation of the planning scheme or a permit in relation to land or a particular use or development of land; (b) the matter relates to whether section 6(3) applies to a particular use or development of land; or (c) the matter relates to a provision of a planning scheme or amendment permitting the continuation of a use lawfully existing before the coming into operation of the planning scheme or amendment, or permitting the use of buildings or works for a purpose for which they were lawfully erected or carried out before the coming into operation of the planning scheme or amendment. S. 149A(1A) inserted by No. 3/2013 s. 67. (1A) A specified person or a party to the agreement may apply to the Tribunal for the determination of a matter relating to the interpretation of an agreement under section 173. (2) The Tribunal may determine the matter and may do one or both of the following— (a) make any declaration that it considers appropriate; (b) direct a specified body to take, or refrain from taking, action specified by the Tribunal. (3) The responsible authority is a party to any proceedings under this section. S. 149A(4) amended by Nos 18/2005 s. 18(Sch. 1 item 81), 17/2014 s. 160(Sch. 2 item 71). (4) The Tribunal's power under this section is exercisable only by a presidential member of the Tribunal or a member of the Tribunal who is an Australian lawyer. S. 149B inserted by No. 52/1998 s. 190.